Milligan Enterprises Limited [2007] NZLLA 1251 (4 December 2007)

Last Updated: 29 January 2012

Decision No. 1251/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MILLIGAN ENTERPRISES LIMITED for an on-licence pursuant to s.9 of the Act in respect of premises situated at 1/5 Jack Conway Avenue, Manukau City, known as "Bar of the Stars"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Members: Dr J Horn
Mr P M McHaffie

DECISION

This is an application by Milligan Enterprises Limited for an on-licence in respect of premises situated at 1/5 Jack Conway Avenue, Manukau City, known as “Bar of the Stars”.

The general nature of the business to be undertaken is that of a tavern. The applicant sought hours to sell liquor between 11.00 am and 3.00 am daily.

Public notification of the application attracted five letters of objection from persons resident in the locality, citing problems allegedly associated with the previous licensee. The concerns raised relate to antisocial behaviour, littering, excessive traffic noise and general disorder. The objectors also contend that the hours are inappropriate.

The premises have previously been licensed in terms identical to those sought by the applicant, although the business has not traded since the licence held by the previous operator lapsed in April 2007.

Section 10(4) of the Sale of Liquor Act 1989 provides:

10 Objections

(4) In any case where –

• (a) The application relates to any premises or conveyance in respect of which an on-licence is presently in force; and

The applicant seeks the same conditions as those presently applying to that licence, --

an objection may be made only in relation to the suitability of the applicant.

In any event all of the letters of objection were received by the District Licensing Agency after the final date for lodgement prescribed by the Act.

The Agency Inspector and the Police pointed out that the hours sought are outside those enshrined in the Manukau City Council’s liquor strategy. The Police also had some misgivings in relation to the suitability of Michael Milligan, the director shareholder of the applicant. Mr Milligan has resigned his directorship and disposed of his shareholding. The applicant has also amended the application to provide for 1.00 am closure of the premises. Police and Agency opposition is now withdrawn.

Having considered the application the Authority believes that the objections are based on grounds outside the scope of the Act in terms of s.106(2)(b). Accordingly, we propose to deal with the matter on the papers.

We are satisfied as to the matters to which we must have regard as set out in s.13 of the Act, and we grant the applicant an on-licence. A copy of the licence setting out the conditions to which it is subject is attached to this decision.

The licence may issue immediately.

The applicant's attention is drawn to ss.25 and 115(3) of the Act obliging the holder of an on-licence to display:-

1. A sign attached to the exterior of the premises, so as to be easily read by persons outside each principal entrance, stating the ordinary hours of business during which the premises will be open for the sale of liquor; AND
   
2. A copy of the licence, and of the conditions of the licence, attached to the interior of the premises so as to be easily read by persons entering through each principal entrance; AND
   
3. A sign prominently displayed inside the premises, which identifies by name the manager for the time being on duty.
   

DATED at WELLINGTON this 4th day of December 2007

__________________
B M Holmes
Deputy Secretary

Bar of the Stars.doc(ab)